Article 79 ExemptionsI1
England, Wales and Scotland
This article applies for the purposes of the following provisions—
article 24(4) (minimum insulation requirement for certain band D premises);
article 25(4) (minimum insulation requirement for band E, F and G and other band D premises);
article 30(3)(b) (hierarchy of heating measures installed at off-gas premises);
article 50(3)(b) (ECO4 projects: minimum requirement for energy efficiency improvement).
A measure attracts an exemption under this Part if its installation—
is prevented due to—
the location of the domestic premises in a conservation area; or
the impact that such installation would have on a listed building or protected species;
would otherwise be unlawful; or
is not feasible due to—
local environmental conditions;
the fabric or structure of the premises; or
physical restrictions on access to the premises.
In this article—
“conservation area” has the meaning given by—
“listed building” has the meaning given by—
“protected species” means the species—
- (a)
listed in Schedules 1 and 5 to the Wildlife and Countryside Act 1981f5; or
- (b)
defined as a European protected species in—
- (a)
Annotations
Textual amendments
- F1
Words in art. 79(3) omitted (W.) (4.11.2024) by virtue of The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 136(a)(i)
- F2
Words in art. 79(3) inserted (W.) (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 136(a)(ii)
- F3
Words in art. 79(3) omitted (W.) (4.11.2024) by virtue of The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 136(b)(i)
- F4
Words in art. 79(3) inserted (W.) (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 136(b)(ii)
Commencement
- I1
Art. 79 in force at 27.7.2022, see art. 1(1)
Footnotes
- f1
-
1990 c. 9. There are amendments to section 91(1), but none are relevant.
- f2
-
1997 c. 9. There are amendments to section 81(1), but none are relevant.
- f3
-
Section 1(5) was amended by Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24).
- f4
-
Section 1(4) was amended by Schedule 3 to the Historic Environment Scotland Act 2014 (asp 19).
- f5
-
1981 c. 69. Schedule 1 was amended by S.S.I 2001/337. Schedule 5 was amended by section 18 of the Animals and Wildlife (Penalties, Protections and Powers) (Scotland) Act 2020 (asp 14), S.I. 1988/288, 1989/906, 1991/367, 1992/2350, 1998/878, 2007/1843, 2008/431, 2008/1927, 2008/2172, 2011/2015 and S.S.I. 2007/80.
- f6
- f7